IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

245 CWP-14857-2024 (O&M)

Date of decision: 11.12.2025 Jitender ....Petitioner Versus Uttar Haryana Bijli Vitran Nigam Limited and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Satbir Rathore, Advocate with Ms. Devanshi Sharma, Advocate Ms. Jyotika, Advocate and Mr. Saksham Sharma, Advocate for the petitioner.

Mr. Sandeep Singh Mann, Advocate for the respondents.

HARPREET SINGH BRAR J. (Oral)

1. The present petition has been preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for setting aside the order dated 04.07.2023 (Annexure P-16) passed by respondent No.3 whereby the services of the petitioner from the post of Lineman have been terminated as well as order dated 01.05.2024 (Annexure P-18) passed by respondent No.2 whereby the appeal filed by the petitioner has been dismissed.

2. Learned counsel for the petitioner submits that respondent- UHBVNL issued an advertisement bearing No.1/2011 for recruitment of Assistant Lineman and the petitioner was selected in pursuance thereof as he had the requisite qualifications from Swami Vivekanand ITI, Bahadurgarh. The petitioner successfully completed two years of probation and continued to render his services for 11 years to the satisfaction of his superiors. In fact, he was also promoted to the post of Lineman vide order dated 01.10.2015 (Annexure P-6). However, vide letter dated 10.05.2022, the XEN, OP Division, sought verification of the provisional certificate of the petitioner from Secretary, Haryana State Board of Technical Education, Government Polytechnic Campus, Sector 26, Panchkula. The XEN was informed that the verification ought to be done by the concerned department as the State Board of Technical Education can only verify the certificates issued by it. Subsequently, vide memo dated 28.09.2022 (Annexure P-8), the XEN directed the petitioner to submit the certificate issued by Haryana Board of Technical Education or concerned board/department within 02 days. Vide letter dated 28.03.2022 (Annexure P-10), the Principal, Swami Vivekanand ITI, Bahadurgarh verified the certificate issued to the petitioner and stated that he had successfully completed his training in the trade of Electrician for the session August, 2008 to July, 2010. In spite of this communication, the petitioner was issued a show-cause notice dated 31.05.2023 (Annexure P-11) to explain his position as his ITI certificate is not recognized by any Technical Board/Department. Ultimately, the services of the petitioner were dispensed with vide order dated 04.07.2023 (Annexure P-16) without duly appreciating the facts and evidence available. Aggrieved by the same, the petitioner preferred an appeal before respondent No.2 which was also dismissed vide order dated 01.05.2024 (Annexure P-18).

3. Learned counsel submits that the impugned orders are totally non-speaking and the documents submitted by the petitioner have not been considered while deciding to terminate his services. Moreover, there has been no concealment of fact or misrepresentation by the petitioner. Only after verifying his documents did the Selection Agency invite the petitioner for interview. Further, since the petitioner was a regular employee, major penalty of termination cannot be passed against him without providing the procedure prescribed under Regulation 7 of the Uttar Haryana Bijli Vitran Nigam Employees (Punishment and Appeal) Regulations, 2018 (hereinafter ‘Regulations of 2018’). However, neither a charge-sheet was served upon the petitioner nor an inquiry was conducted.

4. Per contra, learned counsel for the respondents contends that the ITI certificate of the petitioner has been issued by Swami Vivekanand ITI, Bahadurgarh, which is not shown to be affiliated with or recognized by the Haryana State Board of Technical Education or any other competent government-approved body. As such, the peti